Congress debates whether states or feds should regulate fracking

An economic boon to the U.S., fracking was pioneered in Texas in 1998. (AP photo)

The explosion of hydraulic fracturing—often called “fracking”—to extract natural gas, has been joined by a parallel explosion in concerns for public health and the environment.

On Friday, representatives from state and local regulators told Congress that their organizations were best suited to oversee the rapidly changing energy industry, instead of the federal government.

Harold Fitch, speaking for the Interstate Oil and Gas Commission, spoke of his time at the Office of Oil and Gas in Michigan. Fitch said his oversight body was able to tailor regulations to the specific geology and economy of his state.

“A one-size-fits-all federal approach would not be as effective or efficient in accommodating these unique issues,” Fitch told the committee.

The similar assertions from the state and local regulators pleased Texas members of the Environment subcommittee.

Rep. Gene Green, D-Houston, said the regulators’ comments were instructive.

“The testimony was especially good in relation to the success of state government regulation of hydro fracturing to produce oil and gas,” Green said.

Rep. Joe Barton, R-Ennis, slammed the federal Environmental Protection Agency and Department of Energy for trying to intrude on what he said was an issue best tackled by the states.

“The recognition that it is states rather than the feds that can best regulate their domestic oil and gas productions, especially when it comes to emerging an innovative technologies, was spelled out in the Energy Policy Act of 2005, which passed through this committee when I was Chairman,” Barton said.

Fracking, which was pioneered in Texas in 1998, involves injecting a mix of water, sand, and other chemicals deep into the ground. The injection fractures deep-level rock, releasing natural gas reserves, and allowing for economical extraction. Proponents have hailed it as an energy revolution, allowing the U.S. to become energy independent. Opponents cite concerns over contamination of toxic chemicals such as benzene into drinking water. Reports said combustible methane has leaked into drinking water as well. There are currently no federal regulations on hydraulic fracturing.

The witnesses were not unanimous in the ability of states to regulate environmental impact of cutting-edge extraction methods. Pricey Harrison, a Democrat in the North Carolina state legislature, spoke on behalf of the National Caucus of Environmental Legislators. Harrison told the committee that the new extraction methods were causing problems in North Carolina, partly because the state did not have a history of gas extraction and oversight, and partly because of lobbying pressure by the energy industry.

“As the North Carolina General Assembly recklessly pushes to allow fracking sooner rather than later, our state agencies may be ill equipped to do the work needed to properly regulate and enforce natural gas drilling,” Harrison told the committee. “Strong federal oversight is needed to ensure that state regulatory programs have standards that will protect our citizens from harm.”

During the hearing, Barton praised the 16,000 well fracked in Texas, noting that the process is environmentally sound.

“This is conducted without affecting the environment in any shape, form, or fashion—other than the normal issues you have with noise, dust, and truck, and things like that,” he said in his opening statement.

However, on Monday, environmental advocates wrote a letter concerning possible fracking contamination near Fort Worth. The letter called for an investigation on why the federal Environmental Protection Agency withdrew its investigation of the possible contamination. An Associated Press story in January revealed the EPA had scientific evidence for contamination, yet still withdrew the report. In the story, one Fort Worth resident described the possible contamination.

“For Steve Lipsky, the EPA decision seemed to ignore the dangers to his family,” the report said. “His water supply contains so much methane that the gas in water flowing from a pipe connected to the well can be ignited.”